Intra-court appeal maintainability turns on Article 227 jurisdiction, barring appeal against a Single Judge's supervisory order.

An intra-court appeal under Section 4 of the Karnataka High Court Act, 1961 lies only from an order passed by a Single Judge in original jurisdiction, not from an order rendered in supervisory jurisdiction under Article 227. Where the writ petition challenged an order of a subordinate civil court and the Single Judge examined that challenge as supervisory review over the lower court's decision, the proceeding was treated as one under Article 227. On that basis, the writ appeal was held not maintainable and liable to be dismissed. The distinction between Articles 226 and 227 was decisive, and the challenge to maintainability failed.

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Issues: Whether the writ appeal was maintainable under Section 4 of the Karnataka High Court Act, 1961, when the learned Single Judge had exercised supervisory jurisdiction under Article 227 of the Constitution of India and not original jurisdiction under Article 226.

Analysis: The impugned writ petition challenged an order of the District and Sessions Judge passed under Sections 3 and 7 of the Charitable and Religious Trust Act, 1920, on issues already adjudicated by the subordinate court. On the nature of the challenge, the proceedings before the learned Single Judge were held to be an exercise of supervisory jurisdiction under Article 227. Section 4 of the Karnataka High Court Act, 1961 permits an intra-court appeal only from an order passed in exercise of original jurisdiction, not from an order under Article 227. The Court relied on the distinction between Articles 226 and 227 and the settled principle that judicial orders of civil courts are not amenable to writ jurisdiction under Article 226 in such circumstances.

Conclusion: The writ appeal was not maintainable and was liable to be dismissed.

Final Conclusion: An intra-court appeal does not lie against a Single Judge order rendered in supervisory jurisdiction over a subordinate court decision, and the challenge to maintainability therefore failed.

Ratio Decidendi: Section 4 of the Karnataka High Court Act, 1961 authorises an intra-court appeal only against an order passed by a Single Judge in original jurisdiction, not against an order passed in supervisory jurisdiction under Article 227 of the Constitution of India.

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